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TERMS OF SALE

NOTICE: All potential bidders participating in this sale agree that they have read and have full knowledge of these terms and agree to be bound thereby.

COMPLIANCE WITH TERMS OF SALE: In default of payment of all amounts due in full within the time therein specified, the auctioneer, in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages and declare the sale void. Items not paid for in full and not removed within the time allowed herein may be resold at public or private sale or retained by the auctioneer without further notice, and any deficiency, together with all expenses and charges of resale, may be charged to you as the defaulting purchaser. The auctioneer may change the purchaser commercially reasonable storage fees if goods are not removed within the allotted time frame.  Your participation and bidding in the auction are considered a LEGALLY BINDING CONTRACT and an acknowledgment of and agreement to these terms.

ASSUMPTION OF RISK: Purchasers who enter the sale premises for inspection or bidding purposes expressly and explicitly assume all risks of injury and/or damage to persons or property as a result of such entry.  Purchasers recognize that there are inherent risks in entry onto the sale premises and accept those risks as evidenced by their entry.

ONLINE BIDDING: This auction will require a credit card deposit. Your credit card added through the Bidspotter.com fully secure and PCI compliant registration process will be charged a refundable deposit equal to 25% of anticipated purchases, $2,500.00 minimum in order to be approved to bid within the auction. If you would like to make alternate arrangements for this deposit, please call our office at 412-521-5751. NO ONE WILL BE APPROVED TO BID WITHOUT A DEPOSIT. When bidding online, the “Buyer’s Premium” is eighteen percent (18%) of the total purchase price of all items purchased and will be charged in addition to the total purchase price of all items purchased and in addition to any rigging and/or storage and/or handling fees.

CREDIT CARD PAYMENTS: Payments via credit card are accepted up to a $20,000.00 final invoice total, and an additional four percent (4%) credit card fee will be charged. Any invoice total larger than $20,000.00 must be paid by wire transfer or certified check. Your deposit, including the four percent (4%) credit card fee may be applied to your final invoice amount, even if your final invoice is larger than $20,000.00. Additional payments may be taken from the active credit card for additional sums owed as a result of successful bids.

OTHER METHODS OF PAYMENT: Total payments are to be received within twenty-four (24) hours following the close of the auction in cash, by cashier’`s check, or by wired funds. Payments by cashier’s check require a seven (7) business day holding period before related equipment can be removed. International purchasers must pay in cash or by wire transfer.

TAXES: PURCHASERS ARE RESPONSIBLE FOR PAYING ALL APPLICABLE STATE, LOCAL, AND FEDERAL SALES / USE TAXES AND ALL VAT OR SIMILAR TAXES.  Purchasers are responsible for any costs, fees, and documentation relating to cross border transactions including customs and duties charges.

TERMS OF REMOVAL: Rigging fees will apply. A defined schedule for removal will be posted and adhered to for the sale.  No item can, on any account, be removed during the sale. Removal shall be at the expense, risk, and liability of the purchaser, including, without limitation, any liability for damages to the premises or damages as a result of the release of any hazardous or toxic materials. The purchaser agrees to comply with all applicable federal, state, and local governmental safety standards in removing items purchased. Purchases may be removed only upon presentation of evidence of payment in full      for all items sold to the same purchaser. Auctioneer shall not be responsible for goods not removed within the time allowed. All purchases made at this sale are at the purchasers risk as soon as they are announced sold by the auctioneer. The auctioneer and its principal(s) and affiliate(s) shall have no liability for any loss or damage to items for any reason whatsoever once announced sold. Removal of all purchased items are at the expense, risk, and liability of the purchaser. M. Davis Group, LLC bears no responsibility for rigging/removal. FOR PURCHASERS WHO INTEND TO SHIP PURCHASES INTERNATIONALLY, THE PURCHASERS ARE RESPONSIBLE FOR COMPLETING ANY PAPERWORK THAT MAY BE REQUIRED FOR SHIPPING/CROSSING OVER INTERNATIONAL BORDER(S). PURCHASERS MAY BE REQUIRED TO PROVIDE INFORMATION REQUIRED FOR ANY MANDATORY FEDERAL REPORTING BEFORE BEING ALLOWED TO REMOVE THE ITEMS IN QUESTION.

CLAIMS: No claims of any kind or character against the auctioneer or its principal(s) and affiliate(s) will be allowed after removal of goods from the sale premises.  For the avoidance of doubt, the purchaser waives any and all claims of any kind and character against the auctioneer or its principal(s) and affiliate(s) by removing the goods from the sale premises.

CONDITION OF ARTICLES SOLD: The auctioneer is not responsible for the correct description, genuineness, authenticity of, or defect in any goods or lot, and makes no warranty of any kind or character in connection therewith and specifically disclaims any warranties in connection therewith. No sale will be set aside nor allowance made on account of any incorrectness, error in cataloging, or any imperfection not noted. Purchasers must inspect goods to their complete satisfaction prior to bidding to determine their condition, genuineness, and authenticity.  No deduction will be allowed on damaged articles, all goods being exposed for public exhibition, and sold "as is," "where is" and "with all faults."

ADDITION TO OR WITHDRAWAL FROM SALE: The auctioneer reserves the right to withdraw from sale any of the goods listed or to sell at this sale goods not listed, and also reserves the right to group one or more goods into one or more selling lots or to subdivide into two or more selling lots. Whenever the best interest of the owners of the goods will be served, the auctioneer reserves the right to sell all the property listed, in bulk or to cancel the auction.  In the event additional or unknown information makes the sale of any goods problematic or not practical, even after bidding has closed, the auctioneer may declare any sale void and the sole remedy of the purchaser shall be a refund of any funds paid to the purchase of such goods.

ADDITIONAL TERMS AND CONDITIONS—The auctioneer may add other terms and conditions of sale, such additional terms and conditions to be announced prior to the auction.  Purchasers specifically agree to all terms announced prior to the auction, as evidenced by their participation in the auction.

SEVERABILITY. If any provision of these Terms of Sale is held to be illegal, invalid, or unenforceable in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected.

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